WRITS Under Article 32

Literal Meaning

  • Habeas Corpus – to have the body of
  • Mandamus – command/order to do the duty to public official
  • Prohibition – to forbid higher court to lower court – prevent from exceeding the jurisdiction (in between the trial)
  • Certiorari – to be certified – superior court to inferior court to squash the order or transfer the case (at the end of the trial)
  • Quo Warranto – By what warrant – Authority or claim of a person to office

 

Writs – Constitutional Meaning

  • Habeas Corpus 
    • Have the body of
    • Produce the detainee
  • Mandamus 
    • Command
    • Against public authority
    • To have him do duty
  • Prohibition
    • Forbid
    • HC to lower court
    • To stop trail
    • Against judicial and quasi judicial
    • preventive
  • Certiorari
    • Certified
    • HC to lower
    • Transfer or squash judgment
    • Preventive and curative
    • Judicial + quasi judicial + administrative
  • Quo Warranto 
    • Authority or warrant
    • Against state – public authority

​Why India faces huge corruption?

​Why India faces huge corruption?

• Colonial Legacy of unchallenged authority and abritary use of power

• Asymmetry of power. Reduces societal pressure to conform to ethical behavior 

• Conscious choice of our economic policies which put citizen at the mercy of state – Monopoly – Corruption. 

• Over Centralization – Power is exercised more remotely – increasing the distance between authority and accountability. 

• Lack of Empowerment of citizens to hold those in authority. 

• Enforcement of rule of law, to ensure compliance. 

• Quality of Politics. If politics attracts and rewards men of integrity and honesty then corruption would be reduced, rather if if becomes a spot of attraction for undesirable and corrupt elements then Corruption become a norm. 

Law Commission of India

Law Commission of India

• The first Law Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code, the Criminal Procedure Code and a few other matters. 

• After independence,  though the Constitution stipulated the continuation of pre-Constitution Laws (Article 372) till they are amended or repealed, there had been demands in Parliament and outside for establishing a Central Law Commission to recommend revision and updating of the inherited laws to serve the changing needs of the country. 

• The Government of India reacted favourably and established the First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman. Since then twenty one more Law Commissions have been appointed, each with a three-year term and with different terms of reference. 

• The Law Commission of India is a non-statutory body constituted by the Government of lndia from time to time. 

• The Commission was originally constituted in 1955 and is re-constituted every three years and works as an advisory body to the Ministry of Law and Justice. 

• The Union Cabinet, has given its approval on the Constitution of the 21st Law Commission of India, for a period of three years w.e.f. 1st September. 2015 to 31st August, 2018. 

• The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. 

• It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc. The various Law Commissions have been able to make important contribution towards the progressive development and codification of laws of the country.

Indian National Anthem

Indian National Anthem Facts

​• Jana Gana Mana is the national anthem of India.

• The underlying message of Jana Gana Mana is pluralism. 

• Jana Gana Mana was written on 11 December 1911.

• It was first sung on 27 December 1911 at the Calcutta Session of the Indian National Congress and again in January 1912 at the annual event of the Adi Brahmo Samaj.

• The song “Jana Gana Mana” was first published in January 1912, under the title ‘Bharat Vidhata’ in the Ratva bodhini Patrika edited by Tagore.

• The song was translated in English by Tagore in 1919 under the title ‘Morning song of India’.

• It was adopted by the Constituent Assembly as the National Anthem of India on 24 January 1950.

• The song initially was largely unknown to the people, except to the readers of the Brahmo Samaj journal, Tattwabodhini Patrika, of which Tagore was the editor.

•  A formal rendition of the national anthem takes fifty-two seconds. A shortened version consisting of the first and last lines (and taking about 20 seconds to play) is also staged occasionally.

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